Law and Politics - rubric Practical law manual

Abstract: The article is devoted to the new Federal Law of November 3, 2009 N. 245-FZ, which considerably amended the Art. 35 and 210 of the Criminal Code of the Russian Federation. The author analyzes such topical issues, arising in the sphere of application of this law, as separation of the criminal community (criminal organization) from an organized group, responsibility of persons, who participate in gatherings of organizers, leaders and other representatives of organized groups, acts, as provided for by the Art. 210 part 1 of the Criminal Code of the Russian Federation, if committed by a person, taking a leading position in the criminal hierarchy. As a result of the study the author provides ideas for the improvement of the new criminal legislation.

Keywords: jurisprudence, crime, society, group, organizers, hierarchy, persons, advice, law

Abstract: The article includes analysis of legal aspects of operating control towards the property, which is given to the unitary enterprise by the owner. The authors study the problems of property of unitary enterprise, rights of enterprises to such property, problems of use of property, etc.

Keywords: jurisprudence, unitary enterprise, state, owner, property, object of law, subject of law, property complex, immovable property, profi t.

Abstract: The article is devoted to the study of forensic registration as a source of information on criminal cases. The author analyzes information referential and analytical guarantees for the investigative activities as a source for the modern systems of collecting, keeping and usage of forensic information.

Keywords: jurisprudence, registration, information, counts, investigation, activity, analysis, criminalistics, guarantees, system.

Abstract: In this article the author attempts to view the issue of possibility to withhold money on the account of the lending bank in the current market conditions. Based on the analysis, the author makes several general theoretical conclusions on the legal qualification of this means of ensuring execution of obligations

Keywords: jurisprudence, withholding, market, inter-banking, credit, monetary, means, borrower, security, obligation

Abstract: The article is devoted to the problems, related to the electronic digital signature. Much attention is paid to the procedure of “non-documentary” turnover of promissory notes, the author also pays attention to the market of securities, shows a number of problems and solutions for them

Keywords: jurisprudence, promissory note, right, title, document turnover, licensing, document, facsimile, signature, certificate, depository

Abstract: The article is a result of the scientific and practical study of the contract for the supply of goods within the system of civil law of the Russian Federation. The article includes criteria for separation of the supply of goods from general sales contract, the author also defines the place of supply within the system of civil legislation, offers her point of view on substantial terms of the contract

Keywords: jurisprudence, supply of goods, terms, term, goal, type, contract, sale of goods, subject, goods

Abstract: This article is devoted to the development of the legislation on arson from the ancient times to our days. The author establishes various aspects of criminal law on arson in various periods of life of the Russian state, shows the shortcomings of the modern law

Keywords: jurisprudence, arson, action, crime, responsibility, punishment, generally dangerous, property, legislation, burning

Abstract: This article is devoted to the initiative of an expert on issues, which were not set before him by the investigator. This right, as established by p. 4 of p. 3 Art. 57 of the Criminal Procedural Code of the Russian Federation depending on the situation may contradict the principle of adversarial process

Keywords: jurisprudence, adversarial, expertise, expert, initiative, rights, versions, accused, victim

Abstract: The article is devoted to the topical issues of judicial expertise on the initiative of defense in order to implement the right to defense, including complex and independent expertise. Much attention is paid to issues of “conclusion of expert”, “conclusion of specialist”, assignment of judicial expertise on the initiative of the court

Keywords: jurisprudence, expertise, competitive, parties, protection, expert, complex, independent, specialist, court order

Abstract: The article is devoted to analysis of legal regulation of cadastral register of multiple-circuit land plots, history of its development, some problems of theoretical and practical character in this sphere. The author also pays attention to some issues of activities of the constituent subjects of the Russian Federation in this sphere, gives examples of judicial practice. The material is aimed to draw attention to such plots as specific objects of land relations, as well as to the need for balanced and non-contradictory legal regulation of its cadastral register

Keywords: jurisprudence, multiple-circuit, land, plot, unified, land-use, complex, calculation, cadastral, land ownership

Abstract: The article is devoted to the social danger of specific types of weapons (pneumatic, gas, firearms). The author then offers, taking their specific features into account, to abolish criminal responsibility for some types

Keywords: jurisprudence, danger, responsibility, crime, pneumatic, gas, expertise, cold, examination, qualification

Abstract: The article includes statistical data on procedural measures towards juvenile offenders (suspects and accused persons). The author analyses various procedural measures, offers to exclude the signing of the obligation not to change location and to behave properly. Keywords: jurisprudence, juvenile, offender, suspect, accused, review, control, representative, call, measure, procedural detention and limitation

Abstract: The article includes analysis of shortcomings of measures of punishment, used for juvenile offenders, and the author comes to a conclusion on complications of practical application of punishment towards juvenile offenders. The author provides results of the opinion poll among the judges, prosecutors, and the juvenile militia officers. Keywords: jurisprudence, arrest, improvement, punishment, juvenile offender, juvenile convicts, accused, sanction, court, fine

Abstract: The author evaluates the order or state registration of business entities, analyzes the stages of registration. The author also offers to include an additional stage of registration and control of submitted documents by the registering body both in the Russian Federation and the Latvian Republic. Keywords: jurisprudence, law, stages, order, state, registration, business, entities, control, registration body

Abstract: Topicality of these problems is due to the specific features of engineering and technical expertise on administrative offence cases. The article includes analysis of the opinions of various authors, and the author also draws her own conclusions on such expertise, lack of unified legislative regulation of the institution of judicial expertise in the Russian Federation. The article also includes analysis of issues and problems related with expertise on administrative offence cases. Keywords: jurisprudence, law, administrative, assignment, ruling, offences, knowledge, specialized

Abstract: The article is devoted to specific features of official investigation on the fact of violation of rules of labor protection and safety arrangements in the workplace. The ideas for improvement are based on statistical data and examples of judicial and investigation practice. Keywords: jurisprudence, violations, information, control, inspection, materials, investigation, documents, explanations

Abstract: In this article the author evaluates the contents of the tactical elements of holding search in cases on crimes related to narcotic substances. A.V. Prisekin shows a number of tactical structures and operations, based on judicial and investigation practice of the Primorsky region. Keywords: jurisprudence, search, hideout, drugs, finding, tactic, element, recommendation, counteraction

Abstract: The author establishes the definition of domestic murder and specific features of its commission by female murderers. He pays attention to correct evaluation of the conflict situation, as well as the impulsive and emotional character of women’s behavior. Keywords: jurisprudence, murder, situation, women, intent, emotions, extreme emotional disturbance, consequence, peculiarities

Abstract: Authors study the topical issues of control and check-up of the version of causing death by accident with use of firearms. The authors pay attention to the possible options for feigning the situation and the mean of causing harm, as well as the issue of recognizing traumatic arms as firearms, and the cartridges as ammunition. Keywords: jurisprudence, murder, guilt, accident, version, situation, feign, arms, firearms, traumatic, armaments

Abstract: In civil law the term “good faith” is used as a characteristic feature of the subject of legal relation or his behavior, however, since it is an evaluation criterion, it does not include specific elements. The author, based on the analysis of legal literature and judicial practice, attempts to establish the criteria of good faith in real and obligatory relations. Keywords: jurisprudence, vindication, processing, usucaption, simple lack of care, subjective criterion, “good faith”, lack of authorization, getter

Abstract: The publication includes analysis of the specific features of procedure on cases on migration rules violations. The author pays attention to the stages of administrative offence cases in this sphere, analyzes the practice, its problems, and ways to improve its normative legal regulation. Keywords: jurisprudence, state government, punishment, administrative offence, administrative deportation, administrative penalty, jurisdiction body, resolution

Abstract: In this article the hiders are viewed as elements of concealment of criminal activities. The author formulated the definition, offered classifications of hiders, both broadly speaking and narrowly speaking. Keywords: jurisprudence, law, hider, hiding, keeping, search, review

Abstract: Author of this article points out, that it is currently necessary to pay attention to the system of fixation of various information while investigating criminal cases, including criminal law problems of forming a protocol of investigative act. This article includes analysis of various forms of fixation of evidence at the modern stage in accordance with criminal science recommendations. Keywords: jurisprudence, law, fixation, cognition, photography, plans, schemes, protocol

Abstract: The article includes analysis of various forms of preparation and implementation of ready products by groups of persons in the metallurgical industry factories. The author also provides for forms of covering for such crimes and fighting criminal structures. Keywords: jurisprudence, means of preparation and implementation, theft, ready products, criminal groups of persons, metallurgic organizations, crime, fighting crime, criminal structure

Abstract: The article includes analysis of judicial practice on cases of gaining refugee status and forced migrant status in court. The author analyzes the judicial practice of such migration-complicated regions, as the Norhern Caucausus, Moscow, St. Petersburg, norms of international law. Keywords: jurisprudence, status of the refugee, status of the forced migrant, judicial order, petitioning, granting of certificate, form of certificate, Geneva Convention, Migration Service of the Russian Federation, temporary refuge

Abstract: The article includes analysis of problems of legal regulation of relations on reorganization of state foundations and unitary enterprises. Much attention is paid to changes in non-owner juridical persons as a legal phenomenon lacking systemic regulation, and the author also studies the possibilities of correlation of reorganization and change of type. Keywords: jurisprudence, person, legal subject, reorganization, change of type, enterprise, state fund, non-owners, type, kind

Abstract: At the start of the process of formation of any criminal investigation method, one needs, first of all, to characterize the basis for the formation of the method – type or group of crimes. This basis should be established upon the well-grounded and practically valuable classification of crimes. The crimes in the sphere of professional legal assistance are no exception. Keywords: jurisprudence, criminal science classification, crimes, legal services, legal aid, advocates, notaries, crimes in the sphere of legal assistance, criminal science characteristics, criminal science

Abstract: As the author of this article pointed out, in last 7-9 years, the Russian legislation changed much. Currently there’s no unified opinion on rightfulness and necessity of existing reforms, timely changes, and solutions to problems arising. In order to understand the nature of the reforms, the author studies objective patterns in the constitutional legislation of the USSR, RSFSR, and other Republics of the USSR since the moment of its formation. Based on the results of these studies, the author comes to a conclusion that the constitutional legislation has to be amended due to political, economical and other factors of development of our society. Keywords: jurisprudence, stages of development, reforms, the Soviet period, legislation, Constitution, RSFSR, Constitution of the USSR, Republics, Constitutionalism, patterns

Abstract: Currently the legislation in the sphere of electronic commerce and electronic document turnover goes through the stage of development, which is key for the formation of legislation in the sphere of information and communication technologies. Much relevance is given to agreement of parties, for example, in the use of digital signature. Keywords: information technologies, digital signature, legislation, reform, electronic documents, electronic commerce

Abstract: As the author of the article points out, at the modern stage only the Civil Code of the Russian Federation includes mention of the rent contract, at the same time the legislation provides nothing on the rent of the plot of land. The analysis of development of market economy at its current stage shows that the issue of rent of the plot of land is quite topical. What norms of the law should one use for this type of contract, and what is the legal practice? Keywords: rent, rent of plot of land, market economy, legal regulation

Abstract: As the author points out, while the term “affiliated pesons” is included into the anti-monopoly legislation, it is a part of dependence among the participants of the civil law turnover, which is the subject of study in this article. The author reviews the term of”affiliated persons” in relation to other similar terms, such as “interested persons”, “group of persons”, studies the divulging of information on affiliated persons. Keywords: affiliated pesons, civil law turnover, group of persons, interested persons, anti-monopoly legislation

Abstract: The specific features of advocate’s profession predefine the value of information component of advocate’s professional competence. As the author of this article points out, there are two key groups of elements in such information component – material and methodological. This article is devoted to the value of the methodological elements of information component.

Abstract: This article includes options for the possible solution of the diagnostic issues by comparing the object of studies with the objects from the expert, scientific and other collections, which have analogous characteristics. The efficiency of the diagnostic studies depends on the level and variety of such collections…

Abstract: Currently the information is viewed not only as an instrument of government and management, but also as an object of public, civil and other legal relations. That is why it is necessary to establish limits of the influence of information on the human mentality, and at the same time form the legal system, which could ensure the free realization of the constitutional right of person to information. One of the key goals of formation of such a legal system is unified influence of various branches of law…

Abstract: In order to avoid crimes in the sphere of computer information, it does not suffice to follow the criminals in the regular ways. One needs to use modern means to follow them in the computer nets, to have access to their electronic mail, in order to control their activities, and to prevent crimes. That is why, use of computer machinery is a must in the modern criminal science.

Abstract: In late years Russia have been feeling the sore need for the new mechanisms of management of the state property. The new law on concession agreements is a principal step in this direction. It offers the concession constructions for the state and municipal property in order to temporarily transfer the rights to use of these objects from the state to the private companies.

Abstract: Criminal science (forensic) characteristics are very important in investigation of crimes. In regard to crimes committed in the sphere of services criminal science characteristics are basic standpoints for the further investigation. And the personality of the criminal is one the key elements of characteristics of a crime…

Abstract: This article is devoted to the study of priority rights in their correlation with the principle of legal equality of the participants of the civil relations, and it also includes some possible solutions to the problems in the existing legislation.

Abstract: When defining the substantial conditions of the insurance contract regarding civil responsibility, one faces a number of theoretical and practical problems, causing discussion among the scientists and lack of uniformity in the judicial practice. In this article the author addresses the most complicated issues in this sphere…

Abstract: The mortgage of land is one of the most reliable instruments of ensuring due performance of civil law obligations. How adequate are the provisions for the mortgage of the land in the modern Russian law?

Abstract: Currently the housing problem influences about half of the Russian citizens, and there is acute need to solve the problem of the so-called “social housing”, and to define the actions, which the government needs to undertake. It is obvious, that the new solutions are especially needed by the persons, living in the “slum” housing, who are obviously unable to use the benefits of the market economy and to purchase a house or an apartment elsewhere. What seizes the development of the housing problem in Russia, where the right to housing is provided for in the Constitution as an inalienable right of every citizen?

Abstract: Most of the plots of land in the Russian Federation are owned by the state or by the municipalities. According to the official data only 0,3% of the lands belongs to the legal entities, and 7,3% - to the persons. That is why the issue of provision of lands for the building purposes is so topical. This article includes analysis the procedure of choosing the plot of land, as well as correlation between the state bodies and the local government…

Abstract: Management of the common property in the apartment building is a novel feature in the Housing Code of 2005. That is why it is important to devote due legal study to this matter in order to find more efficient means of use of this new institution.

Abstract: At times in reference to counterfeit goods a number of terms is being used, such as “pirate” products, “counterfeit” products, etc. This article aims to bring some clarity into related terminology.

Abstract: The problems of legal nature and contents of the right to dwelling, which this article is concerned with, remain topical, since the legal scholars fail to reach a unified view on the nature of this legal phenomenon.

Abstract: The direct mixed communications are rather complicated compared to use of a single type of transportation, especially when regulation of responsibility is concerned. The specific features of this type of transportation have became the subject of this article.

Abstract: Among the methods of foreclosure, judicial and extrajudicial foreclosure is distinguished. The article discusses the regulation of extrajudicial foreclosure on the subject of collateral, as well as a number of other aspects.

Abstract: One of the controversial issues of the theory of inheritance and land law, which continues to require a theoretical and legislative solution, is the inheritance of land plots and buildings located on them. As the author of the article notes, the analysis of regulatory legal acts also allows us to conclude that the internal inconsistency of the norms of both civil legislation regulating property rights to real estate objects and the turnover of these objects, and land legislation is obvious.

Abstract: The study of scientific literature and investigative practice has shown that recently in the Russian Federation there has been an increase in violent crimes committed by women, including homicides on domestic grounds. This article is devoted to the study of the specifics of this category of crimes.

Abstract: The purpose of the article is an attempt to present a general description of the legal regulation of the activities of commodity exchanges, as well as to analyze the most pressing legal problems in the organization of exchange trading.

Abstract: In case of violation of civil rights, including in the performance of the supply contract, their protection can be carried out not only by applying civil liability measures, but also by other means of protection and influence on violators of obligations. Various types of responsibility are investigated in this article.

Abstract: As the author of this article points out, it’s currently necessary to pay due attention to collection activity as part of technical and criminalistic basis for investigation of crimes, while the Russian science lacks research in this sphere. This article by O.V. Poleschuk is devoted to analysis of situation in the above-mentioned sphere at the modern state, its correlation with criminal science registration.

Abstract: O.D. Ezhevsky's article is devoted to analysis of foreighn experience in the sphere of theory, legal regulation, organization and strategy of police forces (he studies police of Great Britain as an example). As the author notes, although the experience of British police is specific, some of its features may be applied in Russia, for example, with regard to formation of municipal militia.

Abstract: In this article Professor Rayanov expresses his views on theory and practice of organizing life of modern Russian soceity and also on searching for “the national idea”. Author sees the rights and freedoms, embodied in the Constitution of the Russian Federation as a basis for organizing life of Russian society. He also analyzes the problem of understanding the importance of human rights in modern Russian society and the role of the mass media in protecting these rights and freedoms.

Abstract: When characterizing the normative legal acts of the executive bodies of the subjects of the Russian Federation, one traditionally recognizes their administrative and legal nature, which serve as two elements of a single whole. However, the nature of these normative legal acts is still subject to much discussion and there is no unified approach to it. A.A. Smirnova's article is devoted to this problem.

Abstract: A.P. Borshevsky's article contains the study of administrative structures of municipal self-government in Moldova from the time of the first state (on Moldavian territory - IV-I c. B.C.) to the modern state of affairs in the Republic of Moldova.

Abstract: This article by an advocate M.A. Kosarev contains detailed analysis of the key principles and elements of advocates’ activities in the modern Russian legislation. The author also touches upon the problems of effectiveness of the guarantees of advocates’ activities in legislation and in practice, in particular, he reviews the problem of interference with advocates’ activities, provides his ideas on the ways to improve existing legislation…

Abstract: The problem of return of deposit accounts (including “accounts for children”), which were opened before January 1, 1995 and March 1, 1996 (that is before Parts 1 and 2 of the Civil Code of the Russian Federation came into force), does not lose its topicality in the modern Russia nowadays. A. Mukhamet-Irekle’s article is devoted to the study of Russian law and judicial practice in this sphere, and the author provides his critical analysis of the problem. As the author points out, the theory of law provides for the various opportunities for the practical judicial protection of the account depositors. That is why, this article is of interest both to the depositors and their legal representatives.

Abstract: At the current stage of the land reform, the regimes of joint property and joint shared property to the land shares is widely used, that is why the “land share” becomes a separate object of civil law deals. That is why there’s need for reevaluation of the legal regulation of such deals, and this is the subject of this article.

Abstract: The above-mentioned problem carries a great practical value, due to the need to protect human rights and freedom of decision-making in the medical sphere. That is why the concept of “informed consent” needs detailed regulation, and while it is relatively new to Russian law, it have been discussed rather vividly. This article by A.A. Rericht is devoted to comparative analysis of the situation in this sphere in Russia and in Germany.

Abstract: In Russia due to the latent conflict between the Soviet state and the dissident intelligentsia in 1922 there was a mass deportation of intelligentsia from the Soviet Russia abroad. These events seem to be a kind of “terra incognita” in the history of Russian science and culture of XX century, and this is also true of political context of deportation, to which this article is devoted.

Abstract: The formation of the absolute monarchy in Russia led to broadening of the sphere of state regulation, both in the sphere of government and in the sphere of private life. In other words, Peter the Great aimed to achieve an ideal rational and fair state, however, what he got was a police state. And even this issue is subject to discussion…

Abstract: The issue of whether it is allowed to apprehend a suspect before the criminal case is formally initiated is quite topical, and it has been a subject of much discussion. This article includes the comparative analysis of existing positions and the author also expresses his point of view.

Abstract: As the author of this article points out, the personality of an individual, who commits fraud in the sphere of turnover of immovable property has its specific features, and definition of such features allows to counteract immovable property fraud more efficiently.

Abstract: The scientific literature and the legal acts, which regulate criminalistic collections use various terms: nature examples, standards, collection items, models, analogues, samples, etc. The author prefers the term “collection item”.

Abstract: Land is used within various spheres of law, and it’s also an object of land relations under the Land Code of the Russian Federation, which includes into the definition not only the plots of land, but also land as a natural object and a natural resource. This article is devoted to specific features of rent of plots of land.

Abstract: In this article the authors review the application of technologies and fixaton while conducing investigation and expertise activities in order to establish all relevant circumstances in a criminal case. The violation of the requirements leads to the evidence not being accepted by the court, both at the intermediary and the final stage.

Abstract: This article by V.V. Mashin is devoted to analysis of components and specific features of civil law responsibility of the air carrier towards the passenger in the Russian law.

Abstract: After the new Town-Planning Code of the Russian Federation was accepted in 2004, the issue of land reservation as a separate legal institution is quite topical. Its study is presented in this article by I.V. Tkacheva.

Abstract: The State Land Cadastre is aimed to ensure the function of state and municipal management of land resources, including fiscal function of collecting payment for the land. This article by S.A. Charkin includes the study of historical and legal aspects of Cadastre registration in Russia.

Abstract: Is it possible that the registration of the right to immovable property, as established by the court decision, may be refused by the state property registration bodies? This article by V.A. Alekseev includes critical analysis of the existing legislation, as well as the study of the judicial practice.

Abstract: The air carrier accidents take away many lives of young active people, children and elderly people. Lately the State Duma accepted amendments into the Art. 133 of the Air Code of the Russian Federation, which deal with obligatory insurance of the air carrier passengers. How adequate is this level of protection and is it in compliance with the international legal standards?

Abstract: Aviation tragedies occur with frightening frequency, claiming many lives: young, active people full of vital energy; children whose lives were just beginning, and everything was ahead; elderly people accumulating great knowledge and experience. Recently. The State Duma adopted in the third reading amendments to Article 133 of the Air Code of the Russian Federation concerning the mandatory insurance protection of air passengers. How adequate is the existing legal protection of air passengers in the Russian Federation and does it comply with international legal standards?

Abstract: The analysis of legal systems of various states allows one to come to the conclusion that all of them add the public element into the turnover of immovable property and create systems of registration of rights to immovable property in order to ensure the property rights of the participants of the civil turnover. However, there are differences as well, and this article is devoted to the study and classification, based on these differences.

Abstract: People, who put their money into pre-financed construction of flats expect the due quality of construction. However, in practice the quality may be rather low. This article is devoted to topical problems in this sphere, and includes analysis of judicial practice.

Abstract: The above-mentioned circumstances are important for reaching the right conclusion on the guilt of a person in a particular guilty act. The general list of circumstances is well-studied in legal science, however, in particular cases, such lists depend on the type of crime. The crimes in the sphere of provision of professional legal help are no exception.

Abstract: In spite of its topicality, the problem related to solidary responsibility of parents for the harm, which was caused by their children, is hardly well-studied in the Russian science. This scientific article includes analysis of some ambiguous theories of Soviet civil doctrine, Decrees of the Plenum of the Supreme Court of the Russian Federation, judicial practice, author offers to amend the legislation in order to improve it. Keywords: jurisprudence, solidary, parents, juveniles, harm, child under 14, compensation, bases, delict

Abstract: The article is devoted to historic organization of the Tyva people before the formation of statehood. The author analyzes their traditional administrative formation and the prerequisites for local self-government, as well as historic factors, which influenced the formation of municipal government

Keywords: jurisprudence, self-government, formation, Tyva, Yranykhaisky land, The Quing Empire, administrative division, management before the formation of statehood, administrative division, administrative management, kindred local management

Abstract: The article includes analysis of the situation, which is related to separate housing of parents, and the influence that it has on implementation of their parential rights. Provision on equality of parential rights in the Family Code of the Russian Federation often causes disputes between parents, especially in cases on which of the parents is a legal representative of an underage child. Analyzing existing legislation, opinions of leading specialists and judicial practice the author pointed out the nature of problem

Keywords: jurisprudence, court, disputes, representation, divorce, rights, parents, amount, family, child

Abstract: This article based on statistical data includes analysis of the first stage of investigating crimes on illegal wood-cutting. Much attention is paid to formation of traces, separate investigation activities, including judicial expertise

Keywords: jurisprudence, ecology, statistics, offence, formation of traces, investigation, viewing, expertise, means, review

Abstract: In the conditions of current market economy it’s no secret that in order to ensure constitutional rights of people: financial resources and efficient system of their formation and use, which allows to offer social support to those in need. Does Russian legislation meet these needs? The author’s point: not quite.

Keywords: jurisprudence, social state, social support, monetizing, Constitution of the Russian Federation, separation of powers, financial basis, Arbitrazh court, human rights and freedoms, Constitutional Court of the Russian Federation

Abstract: The article analyzes the legal construction of non-concluded contract as a type of negative legal fact. The author analyzes the correlation of non-concluded and non-performed deals from the point of view of their legal structure. The author analyzes the issue of bases for recognizing the contract as non-concluded.

Keywords: jurisprudence, non-concluded contract, non-concluded deal, negative legal fact, written form of contract, civil law deal, will of the parties, non-delict offence, conditional obligation, non-valid deal

Abstract: Currently civil law regulation includes some specific features regarding acceptable deals with land shares (inheriting, including the shares into the capital stock of the agricultural organization, trust, gift). The list of subjects, which may trade in land shares is also limited (they may be purchases by participants of shared property, members of farms, agricultural organizations). The deals with land shares, which are not included into the first list, or which are concluded by subjects outside of the second list, are not valid.

Keywords: jurisprudence, land, shares, contract, sale, purchase, member, subjects, deal

Abstract: The article includes characteristics of the modern state of scientific analysis of problems related to use of specialized knowledge at the stage of initiation of the criminal proceedings. The article includes classification of procedural and other activities, which require a specialist, while checking information about committed crimes. The author shows the differences between procedural value of positions of expert and specialist, as well as issues on protection of specialist rights, gaps in the law. The author also offers to amend the existing Criminal Procedural Code of the Russian Federation in order to provider clearer status to the specialist at the stage of initiation of criminal proceedings.

Keywords: jurisprudence, specialist, study, stage, initiation, crime, control, protection, classification, problems

Abstract: The article deals with the problems of passing of deceased estate title. The author analyses the role and the competence of notaries and other persons, who take part in the inheritance rights registration. As well as the procedure of getting testimonial letter, the grounds of its suspend and its legal nature in the case of common property of spouses.

Keywords: inheritance rights registration, types of registration, the evidence of blood relationship, nasciturus, the inheritance part of the surviving spouse

Abstract: This article is devoted to the issues of prevention of theft from the buildings. Based on the analysis of investigation practice, the author pays attention to the low level of prevention measures. The author also offers the ideas for improvement of prevention measures, taking into account the means of preparation and commitment of crimes.

Keywords: jurisprudence, prevention, entering a building, fortification, investigation, protection, theft, uncovering a crime

Abstract: The article is devoted to the topical issues of forensic expertise of firearms and cold arms. Based on the analysis of the practice the authors offer solutions for the existing problems.

Keywords: jurisprudence, arms, expertise, firearms, cold arms, cartridges, method, traumatic, certificate, tubeless arms

Abstract: The article is devoted to the role and meaning of traditional tactical acts, while holding verbal investigative activities. The author analyzes the formation and development of interrogation, as well as efficiency of the activities of the investigator in the preliminary investigation.

Keywords: jurisprudence, criminal science, forensics, tactical acts, interrogation, speech, act, investigator, polygraph, investigation, efficiency

Abstract: Document is one of the key sources of proof in the judicial process, and the documents are often falsified. The key goals of the forensic count are uncovering falsified documents, stopping the criminal activities of the persons using them, establishing the identity of such persons.

Keywords: jurisprudence, proof, document, forensic science, falsification, fraud, establishing, count, measures, analysis

Abstract: The article is devoted to the problems in the secondary market of promissory notes. Much attention is paid to restoration of rights under hte lost promissory notes, taking the judicial practice into account. The author also offers a number of solutions to the existing problems

Keywords: jurisprudence, promissory note, law, right, authenticity, fraud, investor, payability, deal, promissory note holder, endorcement

Abstract: The article includes analysis of existing theoretical and practical problems, regarding vindication claims. In particular, the author pays attention to application of vindication claim by the persons, who own the disputable property based on obligation-based legal relations, as well as to existing practice of evaluation of vindication of movable and immovable property similarly. In the author’s point of view, due to the specific features,which the immovable property has, such a view is mistaken and it contradics the Civil Code of the Russian Federation, as well as the law on registration of property rights

Keywords: jurisprudence, civil, right, property, immovable property, movable property, ownership, means, protection

Abstract: This article is devoted to the analysis of the legal norms, which regulated the activities of the organizations, which manage apartment buildings. The article includes analysis of formation of the managing organization. Much attention is paid to the legal characteristics of key directions of its activity. The author also shows legal problems, which the managing organizations have to face, when dealing with other subjects of law, taking into account the legal norms, legal doctrine, and judicial practice, the author then offers the directions for the improvement of the legislation.

Keywords: jurisprudence, management, organization, provision of resources, owner, property, apartment building, communal fees

DOI: 10.7256/2454-0706.2013.6.8800

DOI: 10.7256/2454-0706.2022.9.38698

Abstract: The author reveals the inconsistency of judicial practice on the issue of the private legal status of beneficial owners (final beneficiaries, beneficiaries) of a legal entity: in cases of challenging decisions of general meetings of participants and transactions of such legal entities, courts without proper references to the legal basis tend to recognize the beneficiaries of the right to appropriate claims, and in disputes over their demands for information the activities of the corporate entities actually controlled by them are denied on the grounds of the lack of grounds for applying the analogy of the law, considering the silence of the legislator about the relevant protective instrument of the beneficiary qualified. Due to the absence of special rules on the presence or absence of analyzed protective capabilities of beneficial owners, the effectiveness of analogy as a traditional means of overcoming legal gaps has been tested. The prospects of the analogical introduction of the public-law concept of "beneficial owner" into the structure of the private-law status of legal entities are evaluated. The development of a formal approach based on the absence of a direct legal connection of the beneficiary with the organization controlled by them is not excluded. It is concluded that it is necessary to develop a unified judicial approach to the possibility of an analogical application of public-law rules on the figure of beneficial owners to private-law relations with their indirect participation before the legislative solution of the issue under study.

Keywords: qualified silence of the legislator, legal gaps, subsidiary liability, conduit organization, beneficiary, indirect claim, analogy of the law, controlling person, final beneficiary, beneficial owner

DOI: 10.7256/2454-0706.2013.7.988

Abstract: The article establishes a list of activities, which are prohibited or limited to the persons, holding status of a Russian advocate. The author singles out the principles, which lead to the appearance of such limitations.

Keywords: jurisprudence, advocate, business advocate, status, commerce, independence, nominal, worker, semiboyarshina, novel

DOI: 10.7256/2454-0706.2019.3.29235

Abstract: The subject of this work is the peculiarities associated with inheriting stock in a company. Within the framework of this research, author attempts to determine and examine the issues affecting citizens of the Russian Federation, who inherited stock in partnerships and organizations, artels, poorly and vaguely regulated in civil law that regulates this sphere of public relations. Special attention is also given to the point of transfer of stake in a company to the heirs through inheriting stock. Based on the conducted research, the author comes to a conclusion that one of the key peculiarities in exercising preemptive rights in inheritance is the option for the heir to receive a lump sum of money or property as the inheritance. The novelty of this research consists in the legal assessment of the peculiarities of exercising preemptive right by the heirs in business sphere. Realization of the following principles are reviewed: good faith, universal succession, freedom of choice of the heirs. The author underlines the need for modification of the legal framework that regulates inheritance, and transfer of various types of objects of commercial organizations. The legal ways of solution with regards to inheriting a relatively new commercial organization, such as economic partnership, are proposed.

Keywords: economic partnership, peasant economy, company with responsibility, business partnership, individual entrepreneur, commercial organisation, preemptive right, entrepreneurial activity, share, joint stock company

DOI: 10.7256/2454-0706.2019.9.30837

Abstract: The subject of this research is the formulated by the Plenum of the Supreme Court of the Russian Federation in the order dated of 06.23.2015 No. 25 “On the application by courts of certain provisions of Part One of the Civil Code of the Russian Federation” ground for the nullity of contracts in form of their contradiction to the essence of legislative regulation of the corresponding type of responsibility. This aspect has not been diligently studied within the framework of the doctrine up to the present time, despite its evident law enforcement capacity. The article contains the analysis of court rulings of general jurisdiction and arbitration courts of various level on cases related to invalidating a contract that contradicts the essence of legislative regulation of the corresponding type of responsibility. The conclusions made in course of this research carry the elements of scientific novelty and may be applies in studying the grounds for the nullity of contracts and protection of civil rights.

Keywords: invalidity of bargains, void contracts, contradiction of the essence regulation, consequences of invalid bargain, rescission, invalid bargain, legislative regulation, reform of civil legislation, precedents, illegal bargains

DOI: 10.7256/2454-0706.2018.6.26537

Abstract: The subject of this research is the separate specificities of calculating interest on received and issued loans for the purposes of separate calculation of the value added tax (VAT). Particular attention is given to the analysis of the applicable positions of the Paragraph 4 and Paragraph 4.1 of the Article 170 of the Tax Code of the Russian Federation. The author carefully examines the bases for calculating interest in received loans as part of total expenses on operation that are not subject to VAT, as well as interest on issued loans. Analysis is conducted on the legal practice and scientific publications on this topic. The scientific novelty of research consists in the comprehensive study of the bases for calculation of interests on received and issued loans for the purposes of separate calculation of VAT, as well as the research of the question whether or not the fiscal year receipt of interest in the amount that is significantly higher than the revenue from activity that is subject to VAT same as the largest part of expenses related to non-taxable activity. Among the main conclusions of the conducted research is the claim that if the procured commodities (labor, services) are not used in non-taxable operations on issuing loans and receiving interest, the corresponding amounts of VAT are subject to deduction.

Keywords: Interest, VAT-exempt transaction, VAT deduction, Separate VAT accounting, VAT, Tax code, Loans received, Loans given, Five-percent rule, General and administrative expense

DOI: 10.7256/2454-0706.2022.1.37334

Abstract: This article analyzes the legislative wording of the motion for judgment of acquittal, which from the perspective of the Russian language rules creates ambiguity for making a rehabilitating decision. This in turn, leads to the fact that the theory of criminal procedure features different interpretations of such terms as “failure of evidence” and “lack of proof” used in the Article 302 of the Code of Criminal Procedure of the Russian Federation to denote the circumstances for acquittal of the defendant. Similar technical and legal inaccuracies are not only the subject of scientific discussion, but also carry practical importance, since the accurate determination of facts that comprise the grounds for the judgment of acquittal depends whether the court finds the defendant not guilty. The conclusion is made that the existing form of articulation of the grounds for the judgment of acquittal is not unified. Taking into account the Articles 299 and 339 of the Code of Criminal Procedure of the Russian Federation, the author agrees with the need for validating “negative facts” in the course of acquittal procedure. The author forms an opinion on feasibility of omitting the term “lack of proof” in the text of the law, since by virtue of the principle of presumption of innocence, acquittal of the defendant without additional regulation is equally possible in the instance of proof of the absence of circumstances specified in law or failure to proof.

Keywords: non-involvement, unproven, absence, presumption of innocence, acquitting, grounds for acquittal, acquittal, innocence, justice, guilt

DOI: 10.7256/2454-0706.2021.7.35974

Abstract: The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

Keywords: exclusive jurisdiction, imprisonment, execution of the sentence, foreign citizens, jurisdiction, transfer of convicts, protection of rights, territorial jurisdiction, criminal procedural law, criminal procedure

DOI: 10.7256/2454-0706.2018.10.22879

Abstract: This article presents the classification of computer information that identifies the means of how it was obtained, provides an algorithm for measure in investigating crimes in the area of cyberspace, as well as proposes the category of information traces of possible cybercrimes. The author carefully examines such aspects as use of information traces and conducts research on analysis of cybercrime investigation. The object of this research is cybercrime reflected in information traces, as well as tactical and technical actions aimed at discovery, storage and confiscation of information traces. The subject of this research is the regularities of crime that produces information traces, as well as regularities in the law enforcement activity in detecting, recording and using such traces in criminal investigation. Identification and analysis of cybercrimes is a difficult task in practice due to widening spectrum of crimes committed in cyberspace and constant development of means of storing and transferring information. Its solution requires not only special tactics in investigation and organizational measures, but also special knowledge in the area of computer technology. In this work, the author offers a structural schematic for the necessary measure for analysis in suspicion of cybercrime, as well as the sources of this information.

Keywords: information traces, criminology, scheme, systematization, classification, cybercrime, computer information, algorithm of measures, investigation of crimes, forensics

DOI: 10.7256/2454-0706.2021.11.36814

Abstract: The subject of this research is the criminal prosecution of cases established by the Part 2 of the Article 20 of the Criminal Procedure Code of the Russian Federation, which is carried out in private capacity and significantly modifies the rights and responsibilities of the parties to criminal proceedings. Pursuant to the general rule, the state authorities and officials do not carry out private prosecution cases. In view of this, close attention is given the procedural activity of private prosecutor, who is vested the right in application of measures of state coercion, but entrusted with responsibility on formulating, proving, and pressing charges in court. Retrospective analysis of the Russian criminal procedure legislation reveals that modern legislation has no legal succession of the centuries-long experience of classifying a range of offences as cases of private prosecution. The author believes that the list of cases of private prosecution can be extended by taking into account the provisions of the Criminal Law and Practice Statute 1864, Regulations of Punishments Imposed by Justices of the Peace, which enables reconciliation of the parties and entails unconditional termination of proceedings in certain categories of minor offences. This would ensure the effective implementation of criminal proceedings, restoration of social and legal justice, and accessibility of justice to general public.

Keywords: reconciliation, accused, private prosecutor, private prosecution cases, special production, participants in criminal proceedings, criminal process, interests of the victim, mediation, criminal action

DOI: 10.7256/2454-0706.2022.6.38031

Abstract: The subject of the study within the framework of the designated topic is the judicial decisions of Russian and foreign law enforcement officers in order to determine the correctness of understanding the essential content of the provisions on the reasonableness of the duration of the criminal proceedings. The statistical data of appeals to the European Court of Human Rights in the period from 1959 to 2020 by Russian citizens is analyzed. The peak period was 2013, when two complaints about the length of the trial in a criminal case in Russia really found their confirmation. At the same time, Russian courts annually consider about 100 complaints about "procrastination" or "red tape". Such complaints and relevant decisions have become the subject of this article. The authors came to the conclusion that out of a significant number of applicants' complaints about the violation of international rules on the reasonableness of the terms of the criminal process, only a few were real. This, on the one hand, indicates the absence in Russian judicial practice of a clear understanding of the consistency of the provisions of article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms. On the other hand, it allows us to draw a conclusion about the independent position of the Russian courts when considering criminal cases on the merits and the impossibility of imposing European standards for the application of Russian law. At the same time, the authors have identified the main elements of the realization of the right to a reasonable period of criminal proceedings based on the analysis of the decisions of the European Court of Human Rights recognized by Russia, which can contribute to the optimization of Russian judicial practice and serve as a promise for improving legislative techniques in the field of criminal jurisdiction.

Keywords: compensation for harm, European Court of Justice, specifics of criminal procedure legislation, Convention, fair judicial decision, the appropriate period of time, independence of the court, duration of the trial, a reasonable time, criminal proceedings

DOI: 10.7256/2454-0706.2017.11.24715

Abstract: The subject of this research is the topical issues of determination of the order and size of compensation for moral damage. The goal of this article consists in improving protection of the intangible benefits and personal non-property rights. The author formulates a set of measures that allow solving the issues identified in the course of the research. Particularly, in determining the order and measure of compensation for moral damage for violating the intangible benefits and personal non-property rights, the author suggests to rely upon the developed principles, additional criteria and rules. For reducing the number of violations in the information sphere, it is necessary to introduce a separate type of responsibility – the unified compensation for violating the intangible benefits and personal non-property rights (besides the compensation for moral damage). Compensation for moral damage should be divided into the two subtypes: main and qualified. The article also offers the methodology of identification and documentation of the individual peculiarities of a person and other circumstances worthy of attention in establishing the size of compensation for moral damage, as well as other suggestions of theoretical nature and practical measures. The scientific novelty of this study lies in the fact that the formulated suggestions allow revealing the content of the “circumstances worthy of attention”, solve the problem of objectification of determining the size of compensation for moral damage, as well as help minimizing the negative impact of subjectivity of the judicial discretion. The conclusions can be used for improving the conceptual apparatus and legal norm, practical application in court disputes associated with protection of the intangible benefits and personal non-property rights.

Keywords: sanction, compensation, moral rights, intangible benefits, circumstances worthy of attention, compensation for moral damage, responsibility, violation, mass media, judicial discretion

DOI: 10.7256/2454-0706.2019.7.27987

Abstract: The subject of this research is the non-random variability of dermatoglyphic characteristic of sampling analyzed in forecasting criminalistics. The last decades’ research result testify to the specificity of fingerprint patterns of the persons prone to deviant and addictive behavior as compared to the control groups. However, the characteristics of control sampling are not completely random. Part of the people always elude from volunteer participation in the study and fingerprinting due to the reasons of psychological nature, first and foremost related to their individual dermatoglyphic profile. The research established 50 different dermatoglyphic patterns in 18 various ethnic groups. It is demonstrated that the participants who have been examined last differ greatly from the first volunteers by higher frequency of occurrence of the simple typical whorls; perhaps, they are also less psychologically motivated and emotionally disturbed. Samplings formed on the principles of volunteer participation of the respondents are comparable to each other only in case of exerting equal psychological pressure upon the potential participants. Such may be applied as control samplings in analyzing the samplings consisting of persons subjected to mandatory fingerprinting (alleged offenders, convicts).

Keywords: crime prevention, control group, neuroticism, dactyloscopy, fingerprints, prediction, multiple comparisons, dermatoglyphics, criminalistics, research bias

DOI: 10.7256/2454-0706.2022.5.38162

Abstract: The subject of research of this article is the norms of substantive and procedural law governing the activities of the arbitration manager in the framework of bankruptcy procedures, as well as law enforcement practice for the organization of such activities. The object of the research is the legal relations arising in the bankruptcy proceedings in order to improve the debtor's financial health, achieve a balance of interests of all participants by endowing the arbitration manager with a special professional competence established by the bankruptcy legislation. The author reveals the contradictions that arise between theoretically fixed normative provisions and their practical implementation. The features and problems in the activities of the arbitration manager associated with the lack of legal regulation of the fundamental aspects of the activities of such a professional entity are identified. To conduct the research, the author used a methodology that includes an analytical review of regulatory legal and scientific literature on the subject of research, generalization of data, and the formation of proposals to resolve the identified problems. The main conclusions of this study concerned the importance of the institute of arbitration management, the legal status of the arbitration manager, the criteria of his interest in the legal relations under consideration for a balanced assessment of existing legislation, its problems and prospects for development in order to overcome the legal vacuum in the area under study. The result of the work is the original author's suggestions and recommendations. In particular, the definition of arbitration management is formulated; it is proposed at the legislative level to adopt a single Federal Law on the legal status and activities of arbitration managers, to create a state system of professional training of arbitration managers.

Keywords: the prospects, problems, means of legal regulation, legal basis, arbitration management, arbitration manager, bankruptcy procedure, bankruptcy, legal vacuum, professional subject

DOI: 10.7256/2454-0706.2018.9.27238

Abstract: The subject of this research is the legal norms that regulate the relations on rendering free (subsidized) legal aid. The article examines the development and current state of legislation that regulates relations on rendering free legal aid in the Russian Federation and its constituents (excluding the criminal cases). The author also covers the separate issues emerging upon the implementation of legislation in the area of rendering free legal aid, and substantiates the proposal on improving legislation. A conclusion is mage on inexpediency of improving legislation towards adopting the new, distinct in content in the various subjects of the Russian Federation, statutory acts that establish and expand the list of persons qualifying for legal aid and cases where it has been rendered. Great importance is placed on the legislative changes reflecting the right of each citizen, regardless the place of residence or other circumstances, to receive the “essential” legal aid in any legal cases pro bono. Accent is also made on the relevance of formation of the system of interaction of participants, primarily the state system of free legal aid, which would render the quality free legal aid. The scientific novelty lies in consideration of the terms of rendering and quality criteria of free legal aid.

Keywords: legislation of subjects of the Russian Federation, legal clinic, State Law Office, legislation, subjects providing assistance, availability, quality legal aid, right to assistance, free legal aid, qualification

DOI: 10.7256/2454-0706.2019.7.30254

Abstract: The subject of this article is the civil law relations associated with contract dispute by entities defined by law (parties, other and third persons). Currently, the civil legislation provides right to challenge a contract and application of consequences of its invalidity to parties of the contract and other parties. Moreover, in certain cases, a contract can be challenged in the interests of third parties by specially authorized subjects. Scientific literature does not contain comprehensive research on the aforementioned parties, which justifies the relevance of their examination. The results of this work consist in the formulation of complete perception of parties legally authorized to contest a contract according to the Article 166 of the Civil Code of the Russian Federation. The conclusion made in this work can be used in further research in the area of void contract. This article is the first complex analysis on the parties of void contract, other and third parties, which substantiate the scientific novelty of the formulated conclusions within.

Keywords: third parties, other persons, parties of contract, participants of invalid bargain, consequences of invalid bargain, rescission, invalid bargain, substitution of persons, inheritance, singular succession

DOI: 10.7256/2454-0706.2019.2.28877

Abstract: This article is dedicated to the analysis of the possibility of removal an individual from participation in the corporate decision-making due to personal bankruptcy of this individual. In particular, the article explores the questions of allowability and justification of limitation of a stakeholder in a company with regards to exercising the right of participation, including the right to run the company. Moreover, the subject of research includes situations that precede the necessity to remove the individual from the board without vote of the individual. The work also examines the case law on the question of refusal to allow a partner to carry out administration of the company after the conclusion of liquidation of their personal property. It is proved that the current civil legislation contains positions, which enable the stakeholders of privately held company to exclude a member, an individual declared bankrupt from the board.

Keywords: compulsory termination, exception, management, sale of property, bankruptcy, shareholder, participant, business company, right to participate, loss of confidence

DOI: 10.7256/2454-0706.2019.6.29958

Abstract: The subject of this research is the trends in the sphere of theoretical and organization-tactical bases of usage of intellectual systems in judicial graphology. The object of this research is the question of implementation of intellectual systems in judicial graphology. The author substantiates the need for application of the new method and strategies of expert examination of the object of handwriting; specifies the place of intellectual systems within the system of modelling approaches used in graphology; formulates the definition of intellectual system of automated support of scientific research in judicial graphology, as well as subject, goals, and objects of such research. The main conclusions lie in the verified theoretical and organization-tactical bases of usage of intellectual systems in graphoanalysis of signatures. The author’s special contribution into this study is defined by the fact that the intellectual system of automated support of scientific research has not been previously applied in judicial graphology. The scientific novelty consists in the fact that until recently the place of intellectual systems within the system of modelling approaches has not been determined. Along with this, the theoretical and organization-tactical bases of usage of such instrument in graphoanalysis of signatures have not been properly established, considering the absence of similar research on this topic.

Keywords: objectification, JSM-method, intelligent systems, signature, handwriting, judicial handwriting, study, forensic examination, handwriting expert, expertise

DOI: 10.7256/2454-0706.2020.12.32404

Abstract: The subject of this research is such legal phenomenon as the abuse of post by an employee in form concealment of information. The author analyzes the labor law, determines the gaps in legal regulation of the questions of abuse of position by employees. The article examines most common instances of abuse of post by employees in form of concealment of legally important facts from the employer, as well as carries out their classification by cases of concealment of information in the hiring process, in course of exercising their labor rights, and in termination of employment contract. The author underlines the inequality of the status of employer and employee with regards to protection by against the abuse of the opposite party of labor agreement. It is established that the range of the methods of protection of interests of the employer is limited, while an employee is in a much better position from the legal perspective. The scientific novelty consists in comprehensive analysis of legislative gaps in the area of regulation of misconduct of employees in the form of concealment of information. The author offers the mechanism for preventing the abuse of post by employees in the form of concealment of information, which is based on inclusion into local regulatory acts of the norms aimed at protection of rights and interests of the employer.

Keywords: temporary disability, withholding of information, abuse of the right, termination of an employment contract, hiring, employer, employee, labor rights, limits on the exercise of rights, dishonest actions of the employee

DOI: 10.7256/2454-0706.2021.4.35258

Abstract: The subject of this research is the legal norms on the procedure for excluding the property necessary for debtor’s professional activity from the bankruptcy estate. The article covers the question on the possibility of excluding property necessary for the debtor to conduct professional activity, the value of which is 10,000 rubles or higher, from the bankruptcy estate. The goal of this works consists in consideration of a broader interpretation of provisions of the Paragraph 5 of the Part 1 of the Article 446 of the Civil Procedure Code of the Russian Federation jointly with clarifications of the Paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 25, 2018 No. 48 “On Certain Questions related to the Peculiarities of Formation and Distribution of the Bankruptcy Estate in Cases of Bankruptcy of Citizens” applicable to property of the debtor within the framework of insolvency (bankruptcy) procedure. The author analyzes the relevant civil legislation and insolvency (bankruptcy) law, as well as case law on topic. This article is one of the first attempts to systematize the relevant case law on the subject of exclusion of property necessary for debtor to conduct professional activity from the bankruptcy estate. Based on the results of analysis of the case law, national civil legislation and insolvency (bankruptcy)l law, the conclusion is made on impossibility of exclusion of property used by the debtor for professional activity, the value of which exceeds 10,000 rubles, from the bankruptcy estate in view of the failure of the economic model used by the citizen to ensure a normal life. The author questions the need to extend executive privilege onto the debtor’s property, which is required to conduct professional activity under the insolvency (bankruptcy) law.

Keywords: property immunity, abuse of a right, exclusion of the vehicle, foreclosure on property, property rights, bankruptcy estate, professional studies, bankruptcy of individuals, exclusion of property, insolvency

DOI: 10.7256/2454-0706.2022.4.37863

Abstract: The subject of the study is the legal conditions of mitigation (mitigation) of project risks, the bearing of which is assigned to the contractor by the terms of the EPC contract. One of the key features of the EPC contract, an agreement concluded for the implementation of an investment and construction project on a turnkey basis, is the maximum assignment to the contractor of risks associated with the failure to achieve the goals of the project. It is believed that the EPC contractor, as a professional and highly qualified representative of the construction industry, is able to manage project risks more effectively than the customer. The assignment of risk by the terms of the contract proforma to one of the parties implies the need to use organizational, economic and legal means to mitigate (mitigate) the burden of risk. This work is aimed at identifying civil legal means used by the contractor to mitigate the harmful effects of events and actions, the risk of which is assigned to him by the terms of the EPC contract and establishing the possibility of using these means in the conditions of the Russian legal system. Its achievement involves a comparative analysis of the model EPC contract - a model contract of the International Federation of Consulting Engineers for turnkey projects (FIDIC Silver Book 2017) and the norms of Russian civil legislation. В В В В В The results of the study indicate that it is possible in principle to apply the conditions of the 2017 FIDIC Silver Book, which establish means of mitigating the contractor's burden of bearing risks, in the conditions of Russian legislation, taking into account the following exceptions: (1) a security payment cannot be used as a means of mitigating the consequences of non-fulfillment by the contractor of a natural obligation; (2) compensation for property losses cannot be applied in the event of an unlawful claim by the customer for a guarantee of performance of contractual obligations provided by the contractor. The interrelated application of several civil legal means is aimed, ultimately, their application contributes to the achievement of the project goals, which is in the sphere of interests of both parties to the contract.

Keywords: Compensation of property losses, Security payment, Independent performance guarantee, Contractor, IPS contract, FIDIC, Mitigation of risks, Comparative Law, The Civil Code of the Russian Federation, Construction contract

DOI: 10.7256/2454-0706.2020.9.33880

Abstract: This article is devoted to the problem of fulfilling the obligations of a bankrupt debtor by a third party in the framework of bankruptcy procedures of an individual and the possibility of applying the rules provided for debtors вЂ“ legal entities. The question of the need to observe not only a certain sequence of actions of a third party, an arbitration manager and a court, but also the study of such additional issues as confirmation of the source of funds. When studying the issue, an analytical research method was used, which is expressed in the analysis of judicial practice. The choice of this particular research method is dictated, firstly, by the need to obtain information about law enforcement and, secondly, by the lack of research on this issue. В Every year there are more cases of bankruptcy of individuals, in this regard, there is an increasing need to apply the rules on the performance of obligations by a third party for the debtor. Within the framework of the institution of bankruptcy of individuals, there are no such norms, but law enforcement practice demonstrates the need for norms on repayment of creditors' claims by a third party as part of debt restructuring procedures and the sale of a citizen's property. The rules provided for in Articles 113 and 125 of the Bankruptcy Law may be applied when resolving the issue of repayment of creditors' claims of a debtor вЂ“ an individual by a third party. At the same time, in addition to observing the formal procedure for repayment of claims, it is necessary to investigate the issue of the source of funds from a third party.

Keywords: bankruptcy of a legal entity, bankruptcy of a citizen, collateral lender, the only living space, repayment of claims, judicial practice, Statistical data, third person, bankruptcy, creditors' claims

DOI: 10.7256/2454-0706.2024.2.69909

Abstract: Author discovers uncertainty that generates ambiguous administrative and judicial law enforcement on the issue related to the limits of business entity freedom in the creation and implementation of dividend policy. Importance of such insufficiently clearly regulated by corporate legislation aspects of the dividend policy as the scope of corporation's powers and limitations in determining frequency of making decisions on dividend payments and timing of the actual distribution of profits among the corporation's participants is shown. Special relevance of the doctrinal study and regulatory clarification of the relevant legal parameters of the dividend policy of domestic corporations is associated by the author with the need to overcome the negative consequences of the sanctions impact of unfriendly foreign states. The presented author's approach is aimed at ensuring greater variability of corporate and legal interaction and increasing the efficiency of business entities. Special technical and legal tools were used in the study, including the method of analogy, as well as civilistic means of analysis and synthesis, comparison and generalization. The idea of the possibility and practicability of flexible negotiation of this uncertainty based on the normative construction of the analogy of law, on the basis of the general principles and meaning of civil legislation, as well as through the analogical use of explanations on understanding of the imperativeness and optionality of legal norms contained in the Resolution of the Russian Federation Supreme Arbitration Court Plenum dated March 14, 2014 No. 16 «On freedom of contract and its limits» is argued. As a result, conceptual admissibility of «nonmonotonic» dividend accruals, not linked to calendar quarters has been proved, as well as the possibility of large delays in the actual payment of declared dividends in comparison with the periods pre-established by norms. Main conditions for the implementation of such a measure of freedom in determining dividend policy are identified, namely its focus on achieving a balance of corporate interests and availability of an actually generated net profit for a business entity.

Keywords: net profit, nonmonotonic dividends, The analogy of law, legal uncertainty, dispositivity and imperativeness, freedom of contract, distribution of corporate profits, business entity, dividend policy, balance of interests

DOI: 10.7256/2454-0706.2018.5.24636

Abstract: The subject of this research is the legal status of natural persons conducting business activity without state registration as individual entrepreneurs (the so-called self-employed), which is in the process of establishment. The author analyzes the recent amendments in the Civil Code of the Russian Federation and the Tax Code of the Russian Federation that regulate as a separate form of entrepreneurship the income-producing activity of such citizens. The article examines the various points of view of the Russian scholars regarding the “actual entrepreneurship” as a phenomenon of legal reality. The results of research demonstrate that the group of natural persons that exercise their activity without the state registration as an individual entrepreneur must be distinguished among the subjects of business activity. The named group, in turn, divides into two subgroups: 1) natural persons that are not registered as individual entrepreneurs contrary to law; 2) natural persons that conduct legitimate business, not being registered as individual entrepreneurs. The legislative work on establishment of legal regime for the second subgroup is not yet completed. In terms of selecting an appropriate regulatory strategy, the author makes recommendations to take the supportive and stimulatory measures of the civil legal and financial legal character, as well as the measures of administrative legal enforcement.

Keywords: tax registration, legalization of status, illegal business, legal status, actual business, state registration, business activity, self-employed citizens, individual entrepreneur, taxes

DOI: 10.7256/2454-0706.2017.5.19110

Abstract: In this study the special attention is paid to the problems of illegal collection of fees at the conclusion of credit agreements. Shortcomings of legal regulation and ambiguity of judicial practice has led to legal possibility of bank’s usage of the funds significantly aggravates the situation of the consumer (borrower) at the conclusion of the credit agreement. The authors reviewed the most common types of fees, charged for the conclusion of credit agreements, including a fee for maintaining the loan account, as well as enforcement practice on this category of civil cases. The authors used the methods of analysis, abstraction, concretization, systemic approach, the unity of theory and practice and formal legal method. Scientific novelty of this research consists in the fact that the authors suggest some ways of addressing the problems associated with the illegal collection of fees at the conclusion of credit agreements on the bases of legislation and judicial practice. During the research the authors come to the conclusions that the analysis and offers, developed in this article, can be used in practice for further improvement to the legislation on protection of consumer rights.

Keywords: banking Commission, court, infringement of rights, unfair conditions, Bank, borrower, loan agreement, loan account, consumer protection, litigation

DOI: 10.7256/2454-0706.2018.2.25349

Abstract: Based on the example of a specific labor dispute on employment reinstatement, this article examines the legal consequences of illegal dismissal; limits of applicability of Part 5 of the Article 394 of Labor Code of the Russian Federation and court’s responsibility to redraft the grounds and (or) reasons of dismissal; whether the court is entitled to settle the dispute beyond the worker’s claim of employment reinstatement; what implies the continuation of work in terms of reorganization. The covered questions are illustrated with the examples form judicial practice, which additionally increases the relevance of the work of practicing lawyers in the area of labor law. The author underlines the presence of ambiguous approaches towards the interpretation of various legal categories in the Russian labor law that inevitably results in the emergence of a significant number of labor disputes. Thus, a conclusion is made on the need for regulation of the contested issues at legislative level or through acquisition of interpretations of the Supreme Court of the Russian Federation regarding order of application of one or other positions of the labor and civil procedural legislation.

Keywords: liquidation of a legal entity, limitation of consideration of a case, job function, continuation of work, change of grounds for dismissal, reinstatement in a job, dismissal, Labor code, court interpretation, labor dispute

DOI: 10.7256/2454-0706.2021.2.35113

Abstract: The subject of this research is the similarities and differences between the contract forms developed by the international nongovernmental organizations for application in the sphere of investment construction activity (contracts terms for engineering, procurement, construction/ for turnkey projects, second edition of 2017, developed by the International Federation of Consulting Engineers (FIDIC), framework “turnkey” contract for large projects, first edition of 2007, developed by the International Chamber of Commerce (ICC)) and the norms of national civil legislation (Parts I and II of the Civil Code of the Russian Federation) that regulate unilateral termination of construction contracts. The novelty of this research lies in conducting a comparative analysis of Russian legislation and contract forms developed by the international nongovernmental organizations. The examination of foreign experience in the sphere of legal regulation of termination of contract are based on analysis of the norms of contract law of the national legal systems of foreign countries. However, according to the foreign authors, contract law within the systems of both, general and continental law, was developing in seclusion, without substantial influence of one national system upon another. International influence upon the national contract law emerged relatively recently in the sphere of foreign economic activity. At the same time, the key factor for mutual enrichment of the national systems of contract law became the use of international contract forms, which contributed to the unification of contractual regulation of the relations of obligation in national jurisdictions. Their influence upon the development of contract law was far more substantial than even the development of international conventions with substantive law regulations.

Keywords: Civil Legislation, Model Turnkey Contract, Silver Book, International Chamber of Commerce, International Federation of Consulting-Engineers, Termination of a contract, Construction Contract, Comparative Study, Civil Code of the Russian Federation, Relational Contracts

DOI: 10.7256/2454-0706.2017.8.23702

Abstract: The article is devoted to the analysis of foreign and domestic legislation regulating of the procurement of goods, work, services to provide state and municipal needs from a single supplier, contractor, executor. A retrospective analysis of the domestic and foreign legislation of non-competitive methods of public procurement was carried out. A comparative analysis of domestic and foreign experience of legal regulation of the procedure of procurement of goods, work, and services from a single supplier, contractor, executor has been made. The purpose of this work is to identify ways of improving the legal regulation of non-competitive methods of procurement to ensure state and municipal needs, based on domestic and foreign experience of using various types of the non-competitive procurement procedures and application of various types of civil legal instruments for regulation of contractual relationships. The work used empirical methods of comparison, description, interpretation, theoretical methods of formal and dialectical logic, specific scientific methods (juridical-dogmatic method and interpretation of legal norms).Based on the conducted research the author proposes fixing the procedure for concluding a framework agreement in the domestic legislation in the sphere of state and municipal procurement, as well as providing the register of qualified suppliers and contractors by types of goods supplied, works performed, or services rendered; application by officials of contractual services of simplified methods of procurement using a bank card in case of purchasing from a single supplier in accordance with clauses 4, 5, part 1, article 93 of the Federal law from 05.04.2013 № 44 «About contract system in sphere of the public procurement goods, works and services for state and municipal needs»

Keywords: non-competitive purchases, simplified acquisition methods, provision, state needs, public procurement, acquisition, purchase, single-source procurement, framework agreement, contract system

DOI: 10.7256/2454-0706.2018.11.28032

Abstract: The subject of this research is the legal issues associated with utilization of timber acquired in terms of geological exploration of subsoil and mineral resource development. Length of the process of sale of timber, stipulated in the current legislation, leads to decline in its consumer qualities, violation of the sanitary and fire safety regulations in the forests, causing loss of profits for the state. Legal regulation of forestry affairs with regards to the aforementioned issues requires improvement. The authors analyze the current legislation, legal doctrine and case law on disputable questions, as well as the approaches towards finding balance between the public and private interests in regulating the procedure for sale of timber acquired during use of subsoil. The authors substantiate the need for introducing the corresponding changes in forestry legislation and propose excluding mandatory negotiations on utilization of timber. It is suggested to present priority right to the entity using the timber located on the land in correspondence to the Articles 43-36 of the Forestry Code of the Russian Federation of its contractor to sign sale agreements of the timber and forest vegetation without negotiations. The norms will be more flexible and consider the interest of both, state and forest users.

Keywords: preferential right, mineral deposits, geological studies, trades, felling of forest plantations, forest, forest lands, wood, the contractor, the right of ownership

DOI: 10.7256/2454-0706.2017.4.22889

Abstract: The subject of this research is the peculiarities of exercising of preemptive rights in hereditary legal relations. Based on the conducted analysis, the author comes to a conclusion that one of the key aspects of exercising of preemptive rights in hereditary legal relations is the emerging due to the claiming of preemptive rights obligation to pay the indemnity to other parties of inheritance relations. The author criticizes the positions of the Article 1178 of the Civil Code of the Russian Federation that the holder of priority right to inherence the company must stand as a private entrepreneur. The scientific novelty consists in the systemic legal analysis of peculiarities in exercising preemptive rights in hereditary legal relations at present stage, the major of which is the reparation character of exercising of preemptive rights. A conclusion is made on the need for amending the existing legislation. The author believes that for holding the priority right in inheriting the company, a primary criterion lies in the close tie of a heir with the company, as well as his participation in company’s affairs until the death of a testator or other substantial interest in continuation of this company. The author suggests using such criterion and make corresponding changes to the Article 1178 of the Civil Code of the Russian Federation.

Keywords: Enterprise inheritance, Corporate legal relations, private entrepreneur, Hereditary relations, civil law, privilege right, obligatory legal relations, Pre-emption right, Abuse of rights, preemptive rights of the heirs

DOI: 10.7256/2454-0706.2018.5.26239

Abstract: The subject of this research is the taxation of the income of natural persons and insurance payments made by organizations that provide employment on remote long-term job sites and charge their employees for transportation to and from job site. Special attention is given to the question of in whose interests are the target of the employees’ transit to and from the job site. The author carefully examines the basis for recognition of the corresponding payments to employees in the form of compensation as established by the Labor Code and are not subject to taxation. Analysis is conducted on the legal practice on this topic, as well as the corresponding academic publications. The scientific novelty of this research is primarily substantiated by the examination of the question of in whose interests are the target of the employees’ transit to and from the job site. Among the main conclusions of research are the following: transportation of employees to and from the job site is in the interests of the organization, as it is aimed at continuous work at the job site; reimbursement of traveling expenses to the employee should be classified as compensation, which in accordance to Paragraph 3 of the Article 217 and Subparagraph 2 of Paragraph 1 of the Article 422 of the Tax Code of the Russian Federation are not subject to taxation and insurance premiums.

Keywords: Personal income tax, Tax exemption, Remuneration of expenses, Employee`s interest, Employer`s interest, Transportation of workers, Tax code, Labor code, Work by rotation, Social security tax

DOI: 10.7256/2454-0706.2017.2.10926

Abstract: The morphology of papillary ridges is interconnected with the multiple human properties, as well as serves as the objects of psychogenetic, forensic pathology, criminal identification, and diagnostics. Thus, the fingerprints reflect the distinct individualizing information about the morphological and functional properties of a person. Modern research underline the importance of identification characteristics of the fingerprints alongside their diagnostic, psychological, and nosological correlations. The friction ridge skin acts not only as an identification criterion, but also reflects its diagnostic possibilities. In such case, the subject of inquiry changes. It becomes possible to resolve the identification tasks from the positions of establishment of personal identity, as well as forming a psychological profile. The subject of this work is the regularities that define the implementation of psycho-dermatoglyphic studies in criminalistics for the purpose of creating a psychological profile of an individual who left prints at the scene of the crime. Psychodermatoglyphics represents a new direction in criminalistic examination, which reflects the integral and integrative correlations between the object (fingerprint) and a subject. Psycho-dermatoglyphic method is based on interrelation of the topological model of the structures of brain with the morphology of a fingerprint (first right, first left) in the context of integrativeness of behavior and peculiarities of the structure of minutiae that indicate the neuropsychological and psycho-dermatoglyphic connections.

Keywords: Papillary ridges , Diagnostics, Psychological type, Line, Morphology, Identity, APB , Indication, Fingerprint, Psyche

DOI: 10.7256/2454-0706.2019.10.31048

Abstract: This theoretical research analyzes the questions pertaining to determination of the procedural status of financial commissioner on the consumer rights in the area of financial services in hearing cases involving insurance claims according to third-party liability coverage. Analysis is conducted on the norms of Federal Law of June 4, 2018 No. 123 FZ “On the Commissioner for the Rights of Consumers of Financial Services” in the part concerning the procedural mechanism of involvement of financial commissioner in court cases on insurance claims according to third-party liability coverage. The research is performed in light of the comparative legal analysis of the volume of procedural rights and responsibilities on the case parties and financial ombudsman, whose assistance may be required in the course of court hearing. The author analyzes the possibility of involving financial ombudsman to participate in cases under various procedural statuses. Special attention is paid to the substantiation of the conclusion, formulated on the results of the conducted research, on the absence of sufficient legal grounds for procedural involvement of a financial ombudsman in insurance court cases.

Keywords: insurer, policyholder, CTR contract, insurance disputes, consumer in the financial market, consumer protection, financial attorney, financial ombudsman, judicial protection, pre-trial procedure

DOI: 10.7256/2454-0706.2018.12.28188

Abstract: The author assesses the problem of proving damages suffered by a declarant resulting from a failure of the other side to carry out the customs broker agreement. The article gives classification of damages suffered by a declarant, resulting from customs broker’s failure to properly declare goods. The article explores the issue of proving damages by the declarant. Analysis is conducted on theoretical and practical positions of limitation of the principle of full compensation. Also analyzed are the forms of limitation to the compensation caused to the declarant included into the customs broker agreement. Based on analysis of 70 agreements, signed between declarants and customs brokers, the author determines the means that would allow customs brokers to effectively shield themselves from having to compensate the declarants. The author formulates general rules of distribution of risks between the declarant and the customs broker according to customs broker agreement.

Keywords: representation, risk sharing, limited liability, lost profits, real damage, indemnification, contractual liability, customs representative, responsibility, contract

DOI: 10.7256/2454-0706.2014.1.10363

DOI: 10.7256/2454-0706.2014.1.52142

Abstract: The research subject of this work is the analysis of the ways of acquiring the rights to domain names, as well as a comparative legal analysis of the international and Russian legislation of methods of acquiring the rights to domain names. Along with the theoretical basis, attention is also paid to the practice, which, as it turned out during the observation, is not always based on the rules of law. Local regulations and agreements, concluded by the parties in the pursuance of fulfilling mutual obligations on the transfer of the rights to domain names, have also been studied in detail. A universal method of cognition has been applied, in particular the principle of objectivity and the comprehensiveness of knowledge and scientific methods, such as observation and analysis, as well as private and scientific methods, including a logical-legal one and a comparative one. The scientific novelty of the work is explained due to the fact that the article identifies the problems that have occurred in recent times, and also offers options to resolve them. There is a need to change the legislation related to the absence of necessary standards in it, therefore it is recommended to pay attention to the procedure of domain name registration, to submit a list of documents required for concluding the rights transfer to the domain name, to make changes to the third part of the Civil Code, according to which the right to use a domain name would be included in the succession mass and passed by inheritance, and to enter the articles providing a limited list of ways to acquire the rights to the domain, which would exclude the possibility of such a transfer on the basis of a court decision.

Keywords: Internet, domain name, ICANN, RosNIIROS, Coordination Center, RU-CENTER, domain registrar, domain administrator, DNS– server and assignment agreement.

DOI: 10.7256/2454-0706.2020.4.30929

Abstract: This article presents a brief analysis of the current norms of civil law in the Russian Federation, practice of their implementation, sources of the Roman private law, and norms of foreign law for the purpose of determination of the subject of obligation that emerges as a result of provision of statement about circumstances. The question of correspondence of such obligation to the criterion of validity is being addressed. The provisions of legal doctrine with regards to structure, essence and content of obligation, as well as approaches of legal technique and history of Roman law are used for argumentation of the main conclusions of this research. As a result, the author was able to formulate the subject of obligation that emerges on the basis of statement about circumstances. Obligations characterized by such subject are detected in the Roman private law and modern German legislation. The acquired results allow concluding that obligation due to provision of statement about circumstances is not an extraneous element of the system of civil law of the Russian Federation.

Keywords: economic risks, scope of obligation, feasibility of obligation, obligation, civil legislation, representation about circumstances, eviction, private law, civil law, Roman private law

DOI: 10.7256/2454-0706.2017.2.12271

Abstract: This article analyzes the questions of recognition of the contracts void and null, taking into account the legal positions of the Supreme Court of Arbitration of Russia set by the Resolution of the Plenum of the Supreme Court of Arbitration of Russian of November 17, 2011 No. 73 “About single questions of practice of application of rules of the Civil code of the Russian Federation about the lease agreement" and the Information Letter of the Presidium of the Supreme Court of Arbitration of Russia of February 25, 2014 No. 66. In addition to this, from the perspective of law enforcement, the author analyzes the land and civil legislation, which pertains to signing and renewal of lease agreements on land lots that are part of state or municipal property. The work contains the new conclusions on correlation of norms of the land and civil law in regulation of relations associated with recognition of the real estate lease agreements void or null. The author also provides the recent legal positions of the Supreme Court of Arbitration of the Russian Federation and other courts on this matter.

Keywords: Information letter, Plenum of the Supreme Court of Arbitration, Supreme Court of Arbitration of the Russian Federation, Lease, Arbitration Court, Government authorities, Land lot, Negotiations, Nullity, Failure

Abstract: The formation and development of investment activity in construction, as part of civil turnover, involves not only the granting of certain rights to investors, but also the provision of measures that allow such rights to protect and guarantee the legal stability of their application regardless of existing ones economic and political risks. In this article, the author explores the actual problem of protection of the rights of the consumer in investment relations, in particular in the framework of the relationship of developers with consumers, proposes to introduce measures to take into account contracts, to amend the current legislation.

DOI: 10.7256/2454-0706.2019.5.29621

Abstract: This article explores the legal nature of ensuring fulfillment of obligations ion the Russian civil legislation. The relevance of this topic is substantiated by the development of economic market relations attributed to contract system. The author determines and describes the characteristic features of the means of securing obligations. Special attention is given to the means of securing performance of a contract. Touching upon the question about civil-legal mechanisms of securing obligations in the area of procurement of goods and services for the need of penal system, the author draws detailed attention to the implementation in contract system of the means of securing civil-legal obligations and their functions. The article analyzes the various opinions of civil law scholars upon the general definition of the means of securing obligations. The lack of consensus among the civil law scholars testifies to the fact that this issue is yet insufficiently studied and requires further research. The conclusion is made that the means of securing obligations have protective functions aimed at encouraging a debtor towards due fulfillment of obligations and “secure” the interests of a creditor.

Keywords: forfeit, placing money, security payment, independent guarantee, bank guarantee, contract enforcement, enforcement, contract system, penal system, оbligation execution

DOI: 10.7256/2454-0706.2019.11.31275

Abstract: This article explores the issues pertaining to the option of recognizing expert witness testimony as valid evidence in cases of insurance compensation for damages in accordance with mandatory insurance of civil liability of automobile owners (further OSAGO policy). Research is conducted on the position of civil doctrine pertaining to types of expert testimonies acceptable in hearings on compensation for damages in accordance to OSAGO policy. The research is conducted based on comparative legal analysis of procedural consequences of entering expert witness testimony conducted on the basis of “doubled” object of examination as evidence. The author examines the question of possibility of rejection of expert witness testimony. Special attention is paid to the substantiation of position, according to which, portion of the testimony could be rejected if the examination was conducted on different objects by a competent expert. The article also addresses the question of procedural consequences of recognition of a portion of expert witness testimony as invalid evidence.

Keywords: inadmissible evidence, expert opinion, evidence, insurance disputes, liability insurance, motor insurance, judge, trial, subject of proof, assessment

Abstract: The article by I.Y. Tsekova examines various scientific approaches to the nature of the insurance contract, its private and public elements, presents a critical analysis of the positions of modern scientists, and considers the approach to this issue of pre-revolutionary jurists.

DOI: 10.7256/2454-0706.2020.4.32313

Abstract: This article analyzes the question of missing a 30-day deadline by a consumer for filing a claim against a financial institution stipulated by the Part 3 of the Article 25 of the Federal Law of June 4, 2018 No.123-FZ “On the Commissioner for the Rights of Consumers of Financial Services”. The paper examines the positions of current legislation on financial ombudsman, procedural provisions on possibility of reinstatement of the expired deadline for filing a claim, and clarification of procedural consequences in a case where such term would not be reinstated. Methodology of this theoretical study consists in comparative-legal analysis, systemic-structural analysis, synthesis, and analogy. The author examines the question of order of assessment by the court of the claim made by a consumer of financial services for reinstatement of the expired deadline for making a claim with the court against an insurance company, similar to the subject of requirements expressed in their address to the financial ombudsman. Substantiation is made on the conclusion that such claims are subject to hearing by a judge alone at the stage of acceptance of claim filing without holding a court session.

Keywords: insurer, policyholder, insurance, requirements, protection, court, judge, financial ombudsman, judicial branch, competence

DOI: 10.7256/2454-0706.2017.2.17741

Abstract: This article analyzes the construct, important conditions, and legal nature of the agricultural insurance policy based on the current normative legal acts. The role of the aforementioned policy in ensuring the realization of measures on substitution of imported agricultural products with domestic is underlined. The policy examines a subjective composition of insurance legal relations in agriculture, substantiates an objectively necessary integration, a “bow” of the “predominantly horizontal” property relations with the property relations of “predominantly vertical” nature. In author’s opinion, the subject of agricultural insurance policy lies in property relations (interest), which establish due to rendering a “particular type” of specialized services, expressed in “bearing the risk” of loss or destruction of the objects of agricultural insurance with state subsidization. The scientific novelty consists in the fact that the author stipulates the construct of agricultural insurance policy, determines the important conditions of agricultural insurance policy alongside the imperative nature of such policy with state subsidization, as well as justifies its role in ensuring the measures on import substitution. In addition to this, the article provides arguments that reflect the legal nature of agricultural insurance policy as an actual agreement with imperative signs and predominant dispositional norms.

Keywords: Responsibility of parties, Executive agencies, Association of insurance agencies, Property relations, Insurer, Legal nature, Requirements, Important conditions, Subsidies, Agricultural insurance

DOI: 10.7256/2454-0706.2021.12.37016

Abstract: The institution of testamentary trust, which was Introduced as a result of the 2018 Russian inheritance law reform and updated with the amendments to the Civil Code of the Russian Federation coming into force in March 2022, aims to ensure the efficient and lossless succession of assets by Russian citizens. The question is raised whether the current regulation of norms describing the process of incorporation meets the criteria of reasonableness and is it capable to mediate the uninterrupted transfer of the mass of succession from the control of the deceased testator to the testamentary trust. The examination of all technical legal procedures related to the emergence of a new heir allows assessing the immediacy of succession by the testamentary trust, detecting the existing flaws in legal regulation that complicate the implementation of rights and legitimate interests of the testator and beneficiaries of the testamentary trust. There are currently no scientific research dedicated to the procedure for establishing testamentary trust from the perspective of practical implementation of all stages of this process. The scientific novelty is substantiated by the absence of law enforcement practice; the testamentary trusts are not duly registered in the Russian Federation. In conclusion, the author indicates the complicated regulation of the capability of the notary to comply with the shortest terms set for the creation of testamentary trust. The author also believe that the requirement for the filing order of receiving the affidavit of heirship by the testamentary trust is unnecessary.

Keywords: inheritance, testator, beneficiaries, business, inheritance law, legal entity registration, foundation, inheritance found, heir, the will

DOI: 10.7256/2454-0706.2017.1.20890

Abstract: This article is dedicated to a number of questions associated with application of the consequences of invalidity a void contract. The author carefully examines the aspects of application of the general and special consequences of invalidity a void contract. Special attention is given to complications of application of the bilateral restitution. The article also touches upon such consequences as responsibility to compensate for the damage and recovery of a void contract, reviews the German experience of convalidation, suggests the ways of resolving the issues of Russian legislation in this field, as well as explores the questions associated with inadmissibility of restitution and collection of the agreement proceeds. The author’s special contribution lies in the conclusion that often the application of consequences of invalidity of a void contract can be impossible, because practice knows cases when the application of such consequences does not restore the violated right. The author also proposes an alternative for resolution of the problem that pertains to contradictions between the institution of convalidation of the void contracts with the essence of a void contract.

Keywords: Sanctions, Public legal violation, Inadmissibility of restitution, Recovery of contract, Convalidation, Bilateral restitution, Special consequences, General consequences, Void contract, Invalid contract

Abstract: The increasing number of traffic accidents necessitates State intervention in the sphere of traffic-related relations in order to protect public interests by taking a whole range of measures. An important step towards improving the effectiveness of the mechanism of civil law regulation of damage compensation relations was the introduction of a mandatory liability insurance system for vehicle owners in the Russian Federation. However, it should be borne in mind that insurance has not replaced tort liability. Insurance and tort legal relations, developing in parallel, equally contribute to the achievement of a beneficial effect of public relations on compensation for harm. Therefore, the introduction of compulsory insurance calls for addressing the problems of tort liability, which were not resolved earlier and in the light of the introduction of insurance have regained relevance, as well as the problems that appeared after the adoption of the law on insurance …

Abstract: When considering the subject of a bank deposit agreement, in theory and in practice, a number of questions arise, the main of which are the following: about the rights of depositors and the bank to funds in the deposit; about what to relate to the subject of a bank deposit and its object; about the orientation of the interests of the participants in the transaction; about the possibility of extending the institutions of ownership and ownership rights to the funds are in the deposit. The root of ambiguous approaches to the subject of a bank deposit agreement is explained, firstly, by the complex and rather controversial nature of money in general and in non-cash settlements in particular; secondly, by the confusion of economic concepts and meanings with legal ones; thirdly, by an imperfect legislative framework interpreting a number of institutions ambiguously, and sometimes completely in the opposite sense; fourthly, the undevelopment of the institution of ownership and the so-called institution of "right to law"…

Abstract: Russian civil servants consider fiduciary transactions to be contractual ways of ensuring the fulfillment of obligations. Unfortunately, fiduciary duty has not been consolidated at the legislative level in modern Russian civil law. Due to the weakness of Russian law in this area, the parties to the agreements use various legal structures to ensure the execution of contracts. The article by O.O. Shevaleevskaya is devoted to the consideration of contractual ways to ensure the fulfillment of the terms of contracts, it includes a study of the approaches of arbitration courts and an assessment of the difficulties that arise in practice.

DOI: 10.7256/2454-0706.2020.8.33320

Abstract: The subject of this research is the classification of obligations of property owners in a multi-story building, as well as their maintenance. The need for studying the classification of responsibility of property owners dictated by scientific and practical importance: the disclosure of the content of responsibilities reveals the essence of burden of the content of individual accommodation and shared property in a multi-unit building, as well as the due and socially proper behavior of obliged entities – the property owners. For determining the criteria for classification of obligations of property owners, the author analyzes the provisions of housing and civil legislation. There is no research on the system of obligations of property owners within the science of civil and housing law. For eliminating the theoretical gap, the author attempts to classify the obligations of property owners in a multi-unit building, as well as examine their content. A new perspective upon the classification of obligations based on various criteria is suggested. Special attention is turned to the characteristics of obligations of property owners as a landlord and as a neighbor. The criterion for division of such obligations consists in qualitative characteristic of the status of property owner: owner-landlord and owner-neighbor, and the obligations assigned thereof. The conclusion is made that the owner of accommodation in a multi-unit building is distinguished by care for the property, willingness to contribute economically, and reasonable neighborliness.

Keywords: burden of maintaining the property, common property, housing services, premise, apartment building, obligations of owner, proprietor, owner of the premise, neighbors, neighborhood responsibilities

DOI: 10.7256/2454-0706.2018.8.26970

Abstract: In the modern world, primary healthcare is the basic element of the healthcare system. To ensure its efficiency and improve state management in this area, it is necessary to improve the legislative base. The object of this research is the public relations that form in the process of organizing and carrying out primary healthcare assistance in the Russian Federation. The subject is the norms of the federal legislation, as well as legislation of the subjects of the Russian federation that regulate the order of provision of medical aid to Russian citizens. The conducted research demonstrated that the Federal Law “On the basics of primary healthcare of the citizens of the Russian Federation” and orders issued to carry out this law by the executive branches of the government have a number of contradictions, which impedes efficient regulation. The authors determine multiple relevant issues in the modern system of administration of the healthcare facilities.

Keywords: pediatrist, family doctor, general practitioners, physician, hospital-replacement care, primary health care, health care, assistant doctor, come care, attending medical doctor

Abstract: The Constitution of the Russian Federation proclaims the right to housing, while the Housing Code clearly provides for eviction without provision of other housing… This article by D.V. Karpukhin analyses the above – mentioned problem and provides amendments for the Housing Code of the Russian Federation.

Abstract: Losses are material prerequisites for the civil legal responsibility of parties under the building contract. The article by A.H. Berbekov is devoted to certain legal aspects as well as to classification of losses as a condition of responsibility under a building contract.

DOI: 10.7256/2454-0706.2015.1.13809

DOI: 10.7256/2454-0706.2017.3.18736

Abstract: The subject of this research is the combination of legal norms that regulate the order of the incurrence of liability for violations of requirements for project documentation and normative documents in the area of construction. The object of this research is the public relations established between the competent authorities and the actors of construction activity regarding the audit of documentation and adherence of the latter to the requirements of normative acts in the area of construction. The Code of the Russian Federation on Administrative Offenses refers to the various normative legal acts, which are not quite subsequent in regulation of the content and completeness of preparation of the project documentation. The key directions of the study cover the difficulties of theoretical and practical character that accompany the possibility of full qualification of actions, which represent the composition of administrative legal violations for infracting the requirements of project documentation and normative documents in the area of constructions. The author concludes that the punishment for the legal violation established by the Article 9.4 of the Code of the Russian Federation on Administrative Offenses does not carry out its preventative or recovering function to the full extent. The aforementioned administrative legal violation takes place due to the neglect and indifference by the subjects of construction activity of the content of project documentation, as well as the procedure of its complete and timely preparation.

Keywords: Jurisprudence, Project, Legislation, Code of the Russian Federation on Administrative Offenses, Normative documents, Project documentation, Administrative liability, Violation of obligatory requirements, Construction, Administrative violation

DOI: 10.7256/2454-0706.2015.1.52356

Abstract: This work makes an attempt to systematize the order of implementation of the article 10 of the Criminal Code of the Russian Federation with regards to persons serving a sentence in the form of incarceration or those who have completed their term and still have a record at the time of enactment of a law that would mitigate their position. The author reviews the new legislation on optimization of the conditions for cancellation of criminal record for a specific crime, which includes automatic voiding of criminal record if: the act no longer carries criminal punishment; carries a lesser punishment; has new conditions for release from incarceration. Situations are being reviewed, where such legislation is being implemented towards persons currently serving, or who have finished serving their sentence, or have an active criminal record at the time of enactment of a new law that is capable to mitigate the position of these persons.

Keywords: Counter effect of law, criminal record, decriminalization of an act, change to the category of a crime, legal consequences, acting legislation, punishment, threat to the public.

Abstract: In this article Professor S.G. Olkov expresses his view on capital punishment, proves that capital punishment is hardly effective, if we regard it as means to bring the number of premediated murders to its minimum. To prove his position S.G. Olkov provides statistical and other data. As he points out, although it may seem that capital punishment should carry great restrictive value, it is not likely that we can find an effective statistical correlation between the number of premediated murders and application of the capital punishment.

DOI: 10.7256/2454-0706.2021.12.37093

Abstract: Succession law implies several types of testament, one of which is the testament in emergency circumstances. From the scientific perspective, such form of expression of will is referred to as atypical and acts as a subject of this research. Such method of documentation of the last will of the testator is intended to facilitate the usual form of testament due to the extraordinariness of the situation the person found himself in. However, the analysis of the civil legislation of the Russian Federation and judicial practice demonstrates that the norms on the testament in emergency circumstances contain more impediments than facilitation of the procedure. This determines the problem of the legal phenomenon under review. The article examines the norms of succession law that regulate the testament in emergency circumstances, doctrinal provisions on the effectiveness of its legal regulation, as well as judicial practice on the matter for the detecting the problems and ambiguities of this legal phenomenon, which is given special attention, since all shortcomings of the legislator are usually manifested through law enforcement. The novelty of this research lies in analysis of the practice of application of the institution of testament disposal in emergency circumstances in order to determine the range of relevant issues and proposals aimed at the improvement of legal regulation of the atypical form of testament. The conclusion is made on the possibility of using electronic or technical means for certification of testament in emergency circumstances; refutation of the provisions of the Chapter 2, Paragraph 1 of the Article 1129 that stipulate the validity of such testament, presence of two witnesses, and handwritten expression of last will with the signature of the testator as mandatory requirements; need for legislative consolidation of the signs of extraordinariness of situation, and determination of situations that should be regarded by law enforcement officials as life-threatening, which also include sudden deterioration of health.

Keywords: court practice, current problems, method of fixation, threat to life, extraordinary circumstances, atypical forms of will, inheritance law, notary, legislative trends, technical means

Abstract: On June 15, 2005, the State Duma of the Federal Assembly of the Russian Federation adopted the law "On Invalidation of Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation in connection with the Abolition of tax on Property Transferred by inheritance or Donation." The law was welcomed as progressive and civilized, exempting tens of millions of citizens from paying inheritance and donation taxes. What are its main provisions, and what are the difficulties? The reader can find answers to these questions in this article. The authors consider, in particular, the problems associated with the amounts of state duty and notary tariffs charged for performing notarial acts.

Abstract: Modern housing legislation of Russia is dominated by eviction without provision of other housing. Such important social factors as the absence of any other living quarters, mortgage, difficult situation in life, low salary, small children and disabled relatives are not taken into account as limiting factors, which could prevent such an eviction.

DOI: 10.7256/2454-0706.2015.1.13975

Abstract: With the entry into force in March 2005 of the new Housing Code regulating modern housing relations in accordance with the principles established by the Constitution of the Russian Federation in 1993, housing law has undergone significant changes, the need to apply the Housing Code of the RSFSR and a number of other laws has disappeared. The article by E.A. Maksimkina presents an analysis of the Housing Code of the Russian Federation, the novels and changes introduced by it, and the gaps in housing legislation.

DOI: 10.7256/2454-0706.2015.1.52357

Abstract: The subject of this research is the legal regime of the objects of copyright law in France, and the legal regulation of relations that form in a process of their creation and implementation. The object of this research is the French legislation and the legal doctrine on the copyright law of the modern France. The article examines the legal position of the objects of copyright law in France, describes the rights of authors and other right holders, reveals the types of copyright agreements, and indicates the methods of protection of copyrights in case of infringement upon them. The work outlines the presence of multiple problems within the practice of realization of copyrights and their protection within the Internet environment. The author notes that the French copyright law progresses more dynamically with regards to regulating the relations that form within the conditions of emergence of new forms and technical ways of expressing creative though of an author. This includes both, the synthetic form of art, and the “technological” form of art. Among the main conclusions of the conducted research is the following: by the general rule in the French copyright law a work would be considered original and thus fall under the legal protection only if it “carries the imprint of author’s personality”.

Keywords: Copyright law, Internet, work of art, property rights, subjective right, multimedia products, musical work, copyright agreement, audiovisual work.

Abstract: This article by E.V. Shishmakova is devoted to topical problems of legal regulation of protection of the folk art. As the author points out, these objects are not adequately protected by the current Russian legislation. The absence of legal protection makes them “easy target” for abuse, while due solution of this problem could provide for adequate funding for the development of folk arts and crafts…

Abstract: This article is devoted to the criminological analysis of torture. The relevance of the study is determined by the fact that modern Russian criminal law classifies torture as crimes against life and health and considers them as a special form of violence. At the same time, the legislator proceeds from the fact that the defining sign of torture is the infliction of physical or mental suffering through systematic beatings or other violent actions. Unlike other types of violent crimes, torture does not involve inflicting pain, but rather causing physical or mental suffering. This determines the public danger of torture, which, by causing physical or mental suffering to the victim, can cause significant harm to health.

Abstract: Having considered the component of the trust nature of the contract of assignment, the author comes to the conclusion that the grounds for termination of the contract of assignment, enshrined in paragraph 1 of Article 977 of the Civil Code of the Russian Federation, require revision, due to the fact that this institution does not have an exclusive character, as well as improvements taking into account the subject composition on the side of the attorney and the presence or absence of a paid component.

Abstract: On February 14, 2002 the International Court of Justice put the stop to the argument on criminal prosecution by the state of those, who hold international immunity. This article by I.V. Rachkov contains detailed analysis of the Congo v. Belgium case, where the International Court of Justice reviewed in detail the issues of diplomatic immunity and of universal jurisdiction.

Abstract: As the author notes, fighting crime is not limited to factual application of punishment towards the criminals, but also includes fighting latent crimes. The very fact of reaction to the crime is what matters, however, this reaction should not always mean punishment. That is why, the author considers that release of criminal responsibility does not diminish the principles of inevitability of punishment, and is in full compliance with it…

Abstract: Article 21 of the Tax Code of the Russian Federation embodies the right of taxpayers to receive at the tax office, where they are registered, free of charge information (including written form) on existing taxes and levies, legislation on taxes and levies, and related normative acts. However, this right of taxpayers is largely declarative and is not supported by any efficient mechanism of implementation.This article is devoted to the problems related to taxpayers’ rights under Article 21 of the Tax Code. As the author points out, up to this time there are no provisions on responsibility of tax officials for the deliberate deceit of taxpayers.

Abstract: It seems that the housing issue holds a high priority in Russia. For example, just in December 2004 27 Federal Laws aimed to “ensure legislative basis for the formation of the housing market” were passed. Almost every region of Russia has its own laws and other normative acts (concepts, instructions, etc.) on this issue, and more than 300 regional laws on housing mortgage have been passed by now. At the same time the situation seems to only get worse day by day. In the opinion of D. Pashov the State Housing Mortgage Bank may be the solution to the problem to a great extent…

Abstract: The reform of the civil legal relations leads to the general criminalization of the sphere of turnover of immovable property. The crimes related to immovable property often include serious harm to life and health of the victims…This article concerns itself with use of criminology in the sphere of notary activities related to immovable property.

Abstract: Criminalistical studies of firearm cartridges pose a number of complicated issues. This article by V.V. Yarovenko and O.V. Poleschuk is devoted to topical problems of expert practice.

Abstract: In this article provisions in the various spheres of Russian law regarding legal relations, raising from causing damage are studied. The author pays attention to civil, labour and criminal law, studies the practice of the Constitutional Court of the Russian Federation.

Abstract: This review presents to readers a fundamental monograph by Professor I.I. Lukashuk, which is devoted to the topical problems of international responsibility. This is the first monograph, devoted to the international responsibilities, which was published after the General Assembly of the UN adopted the Articles on State Responsibility in 2001. In his book Professor Lukashuk studies both theoretical and practical aspects of responsibility both in the international private law and international public law. This monograph is of great interest to professionals in the fields of international public and private law, legal scholars, students, studying law and international relations, etc. This book shall also come handy for the practicing lawyers dealing with the international contacts.

Abstract: The history of studies of the Kalmyk and Mongolian law lasts for more than two hundred years. The scholars, who studied its sources saw them as the basis for the studies of the political, social and economic structure of the Kalmyks. “Tsaagjin Bichig” (Mongolian and Oirat Laws of 1640”, “The Steppe Code”, “Ikh Tsaaz”) was also studied by the modern scholars, specializing in the Mongolinan law, the law of the Altai peoples and other Mongolian peoples…

Abstract: In spite of constant changes in the sphere of mortgage, the housing mortgage in Russia cannot yet be called as affordable, as it is in Europe. This article by N.V. Kravets is devoted to the latest changes in the Russian law and existing problems….

Abstract: Since law is meant to regulate all of the existing social relations, legal language often gains terms from other spheres of knowledge. Currently many terms enter legal language from other professional spheres, or travel from one field of law to another, and their meaning might be altered in this pricess. For example, the term “sanitation” is used in Russian civil law (meaning “reajustment”, for example, in relation to bancruptcy procedure) while its original meaning in medical terminology is “prophylactic measures aimed to make the mouth healthy”. This article is devoted to analysis of transterminologization process in legal language.

Abstract: I.Y. Pavlova’s article contains analysis of contradictions between the judicial practice on declaring nominal deals void and requirements of civil law of the Russian Federation. The author studies scientific and practical issues related to the problem, compares the situation in Russia to the experience of Germany in this sphere, and also offers a way to reformulate pp. 2 of p. 2 of Art. 166 of the Civil Code of the Russian Federation in order to deal with existing contradictions.

Abstract: In accordance with part 2 of Art. 176 of the Arbitrazh Procedural Code of the Russian Federation, it is possible for a judge to announce only the holding part of the decision after deliberation, and then to set a date, by which the complete reasoned decision shall be ready and available for the parties. Complete reasoned decision should be ready in no more than 5 days since the holding is announced, and the date, when the complete reasoned decision is ready, is considered to be the date, when the decision was held. It seems to be merely a technical issue, however, it has quite a potential for a number of serious legal problems and conflicts. This article by A.K. Sarkisov is devoted to the problem of distortion of procedural dates and periods, and the author also reviews the issue of criminal, civil and labor responsibility of judges for related violations.